Tuesday, September 17, 2013

Does Lady Gaga Owe Unpaid Wages?

     Lady Gaga's former assistant, Jennifer O'Neill, has filed suit against Lady Gaga for unpaid wages.  O'Neil alleges that she is owed 7,168 hours of unpaid overtime pay, amounting to $393,000.00 based on her annual salary of $75,000.00. 

     In response to the allegation, Lady Gaga has filed a 200 page witness statement, where she called her former assistant "a disgusting human being," and states that she does not believe her former assistant is owed any money.

     In a legal document, Lady Gaga stated "[O'Neill] thinks she’s just like the Queen of the Universe. And, you know what? She didn’t want to be slave to one, because in my work and what I do, I’m the Queen of the Universe every day." 

     O'Neil claims that she had to virtually work 24 hours a day, 7 days a week, and that she never got a day off.  According to Gaga, that is not her problem “You know, I did six shows a week and I make a lot of money.  I work.  I work 24 hours a day. I’m not [the one] standing next to [someone] holding tea, waiting for them to take a sip, that is not what I do. Not that people that do that don’t deserve their pay, but I’m just pointing out that I deserve everything that I’ve worked for.  I deserve every dollar of it.  And she deserves every one of her $75,000 that we agreed to. But she does not deserve a penny more."

     You can read the case here.

If you believe that you are owed unpaid wages, contact Ambuter Law for your free case evaluation.

Monday, September 16, 2013

Do I qualify for Unemployment?

In order to receive unemployment compensation in Florida, you must meet the eligibility requirements.  In order to be eligible, you must meet the requirements below.
  • Your past earnings must meet the required minimum thresholds;
  • You must be unemployed through no fault of your own under Florida law; and
  • You must be able, available, and actively seeking employment.
Also, in order to receive benefits, the State looks at your work history and earnings during a one-year "base period."  In Florida, the base period is the most earliest four out of the five complete calendar quarters prior to you filing your claim.

During the base period, your work history and earnings must meet all of the below requirements:
  • You must have earned wages in at least two of the four calendar quarters that make up the base period;
  • Your earnings in during the entire base period must be at least one and a half times your wages in the highest paid quarter of the base period; and
  • You must have earned at least $3400 during the entire base period.
If you need help filing your unemployment claim, or fighting a denial of benefits, contact Ambuter Law.

Wednesday, September 11, 2013

Fired for Headscarf

     A Hollister sales associate was fired for refusing to remove her headscarf while working in the stock room.  The 19 year old sales associate stated that she wore the headscarf for religious reasons, and refused to remove it.  Two weeks after refusing to remove her headscarf, the associate was fired for violating the company's "look policy" which bans headwear.

     A federal judge ordered Abercrombie & Fitch, Hollister's parent company, to pay the former associate damages for violating discrimination laws. 

     When the sales associate was terminated in 2010, she filed a complaint with the Equal Employment Opportunity Commission (EEOC).  At the time she had filed her complaint, the EEOC was investigating two similar claims against Abercrombie & Fitch.  Both claims involved women stating that Abercrombie & Fitch would not hire them because they wore hijabs.

     According to court records, Abercrombie & Fitch rejected a deal made by the EEOC that stated that all employees should be able to wear headscarves.  Abercrombie & Fitch supposedly rejected the deal, stating that  store associates “reinforce the aspirational lifestyles represented by the brands,” and that they are “a central element in creating the atmosphere of the stores.”  Abercrombie & Fitch also argued to the court that store associates should be classified as “living advertisements” and that their appearance is protected by commercial speech.

     However, the federal judge presiding over the case could not find that letting associates wear hijabs hurt sales.  Damages paid to the victims will be determined at a future date.

If you are the victim of employment discrimination, please contact Ambuter Law for your free case evaluation.

Friday, September 6, 2013

Negative Job Outlook for Disabled Workers

     In a U.S. News & World Report article released today, an August report showed a negative outlook for disabled workers looking for work.  The report showed that fewer disabled workers are employed and participating in the workforce and that more are looking for work. 

     The August report also showed that despite small improvements in the job market, working age people with disabilities who are employed had continued to decrease, which was not the case for those without disabilities; those without disabilities showed a slightly more positive employment outlook. 

     As stated by Andrew Houtenville, an associate professor of economics at the University of New Hampshire's Institute on Disability, "It looks like people with disabilities participated in the Great Recession – they lost jobs, they exited the labor force – but they're slower to recover.  This is a trend that we may see continue and I think the fear of everyone involved in employment policy ... would be that people with disabilities don't recover from the recession."

     Despite the negative trends, the Kessler Foundation CEO has stated that some Fortune 500 companies are implementing programs to hire those with disabilities.

     To read the full article, click here.


     If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.

Friday, August 16, 2013

Court Clerk Fired for Helping Wrongfully Accused Man

     Sharon Snyder, a Kansas City, MO court clerk, was fired in June for giving a wrongfully accused man, Robert Nelson, a public document that showed him how to seek a DNA test.  Robert Nelson was able to obtain a DNA test and he was released from prison 30 years after his wrongful rape conviction.  Sharon Snyder gave Robert Nelson's sister a motion seeking DNA evidence from a different case.  The motion was a public document, and Nelson's sister could have obtained it on her own if she had known where to look.  However, five days after giving the motion to Nelson's sister, Sharon Snyder was forced into early retirement.  Sharon Snyder, 70 years old, reported that she "would do it again" if she had to.

If you were wrongfully terminated from your job, please contact Ambuter Law for a free case evaluation. 

Tuesday, August 13, 2013

Lawsuit against Paula Deen Dropped

     On Monday, August 12, the federal judge presiding over the discrimination case against Paula Deen threw out the race discrimination charges. 

     Last year, Lisa Jackson sued Deen and her brother, Bubba Hiers, saying she suffered from sexual harassment and race discrimination during the five years she worked as the Manager at Uncle Bubba's Seafood and Oyster House.  Deen is the co-owner of this restaurant which is primarily run by her brother. 

     On Monday, Judge William T. Moore, Jr. agreed with Deen's and Hiers's attorneys, finding that Jackson had no standing to sue her former employers for what she alleges was poor treatment black of workers, regardless of her claims that she was placed under stress due to the work environment.  Jackson is white.

     In his ruling, Moore wrote that, if anything, Jackson "is an accidental victim of the alleged racial discrimination.  There are no allegations that defendant Hiers's racially offensive comments were either directed toward plaintiff or made with the intent to harass her."

     The ruling lets stand Jackson's claims for sexual harassment from 2005 until 2010. 

     Deen's publicist said Monday Deen is pleased with the judge’s decision.  "As Ms. Deen has stated before, she is confident that those who truly know how she lives her life know that she believes in equal opportunity, kindness and fairness for everyone." 

     However, due to the discrimination that was alleged against Deen, she was dropped from major corporate sponsors and the Food Network.

If you are the victim of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.



Tuesday, August 6, 2013

Abercrombie & Fitch Under Investigation in France

     In July, a French rights group, Le Defenseur Des Droits, announced that it was going to investigate Abercrombie & Fitch for possible discrimination.  The activist group alleged that Abercrombie & Fitch's "models" are actually salespeople, and that Abercrombie & Fitch's hiring and recruiting practices are discriminatory. 

     The head of activist group, Dominque Baudis said that the retailer seems "to base its recruitment methods on discriminatory criteria and particularly on physical appearance." 

     Leon Glenister, a London based attorney, stated "the reason the company's recruitment attracts so much interest is for moral reasons rather than legal ones.  But if a company says it only wants to hire good-looking people, they are in dangerous water."

     While it isn't illegal to hire an individual based on looks, this opens the door to many legal pitfalls.  According to Michael Scutt, an employment solicitor at Excello Law told CNBC, "for example, if a black person or older person is not hired because they are not 'attractive', they could be more likely to bring a discrimination case against the company on race or age grounds."  Leon Glenister agreed with this statement.  "In this case, the defendant can say it's justified because they have a business image to protect, which would be quite interesting," Glenister added. 

     Abercrombie's CEO Mike Jeffries admitted in 2006 that it deliberately recruited attractive staff for marketing reasons.  "That's why we hire good-looking people in our stores," he said in the interview. "Because good-looking people attract other good-looking people, and we want to market to cool, good-looking people. We don't market to anyone other than that."

     It will be interesting to see how the retailer handles the investigation by the French activivist group, as well as the potential other investigations that may follow.

If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.